Infected Blood Compensation Scheme

Diana Johnson Excerpts

Tuesday 21st May 2024 Commons Chamber

[John Glen]

I thank the Chair of the Select Committee for his comments. I also thank the Chancellor for his unwavering commitment to resolving this in a timely way, both when I was Chief Secretary and now in this role.

With respect to the five loss categories, my hon. Friend makes a legitimate point about a specific additional burden that is a consequence of these conditions. That matter will no doubt be raised by some in the communities. The structure of the scheme is based around: injuries, social impact, autonomy, care and financial loss. Clearly, social impact and autonomy capture a range of unspecific things—a basket of goods, if you like—that people will not have been able to procure at the same cost. I cannot give him a specific answer on that, but Jonathan Montgomery and his team of experts have done everything they can to look at the law, consider what the entitlement would be in different circumstances and give their best assessment, and those sorts of conversations will happen with the communities in the coming weeks.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I welcome the Minister’s statement today. Reflecting on the fact that he has talked about those infected and affected being fully engaged, I gently remind him of the maxim “No decision about us without us”, and of the lack of transparency so far in the expert panel. It is only today that we will learn the names of the people who have been advising the Government.

May I also welcome the appointment of Sir Robert Francis as interim chair of the infected blood body? It is worth reflecting on what Sir Brian put in his report yesterday about the Government’s failure to respond to Sir Robert Francis’s compensation framework document, which the Leader of the House commissioned when she was Paymaster General, and which the Government promised several times to respond to. That was never published.

Because we have also not had a proper written response to the second interim report from Sir Brian last April, will the Minister set out whether all 18 recommendations are being accepted by the Government? If not, why not? Will he confirm how the Government will ensure that the compensation authority is accountable directly to Parliament, as recommended by the infected blood inquiry?

[John Glen]

I thank the right hon. Lady for her observations and for her ongoing engagement since my appointment. I take seriously her point about having no decisions without full engagement. I made a decision, in order to get to this point where we would, in principle, accept the recommendations of Sir Brian Langstaff and move forward with the independent expert panel. As I have said to her previously, I was always prepared to reveal the names of those individuals, but I did not want them to be distracted while they did urgent work to make progress quickly. Their names will be available shortly—today.

Sir Robert Francis and I had a number of conversations about the interaction between Government and the expert group, and the logic that I used to get to the heads of loss and the scheme today. I am delighted that he is prepared to facilitate engagement with the communities.

I have also been mindful of the principle of the Government managing public money while also recognising Sir Brian’s imperative to set up a body that is at arm’s length from Government, in order to generate some trust with a very vulnerable community. Reconciling those two has not been straightforward. The right hon. Lady asked about the accountability of the arm’s length body. These matters will need to be discussed further with respect to the regulations that we must lay before the House.

A number of my predecessors have done a lot of work on this issue. I am pleased that we have made significant progress, but there is an intense amount of work to be done to deliver this over the next three months. I look forward to working constructively with her, as Sir Robert Francis does, to ensure that we get this to the right place as quickly as possible.

Infected Blood Inquiry Report

Diana Johnson Excerpts

Monday 20th May 2024 Commons Chamber

[The Prime Minister]

Sir Brian’s report states categorically that this scandal represents a decades-long moral failure of the state, but in particular he highlights an appalling truth: that our national health service failed. It was known that blood and blood products given by medical professionals were contaminated. It is correct to acknowledge that medical practice has evolved—every day hundreds of thousands of our NHS staff do provide life-saving care for the British people, and we are incredibly grateful—but the report sets out clear and wide-ranging recommendations that we must study closely, and we will work urgently with our health services to ensure that nothing like this will ever happen again.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I thank the Prime Minister for his statement, and for his apology on behalf of the nation. I also thank Sir Brian for his report. Finally—the truth. It is a vindication of nearly 50 years of campaigning for justice. I pay tribute to all those infected and affected, and also, importantly, to those who have lost their lives in the biggest treatment disaster in the history of the NHS. Two people, on average, are still dying every week. I wonder whether the Prime Minister understands that, although his Government accepted the moral case for compensation to be paid in December 2022, their failure to act on Sir Brian’s second interim report in April 2023 has added another layer of hurt. I hope very much, following what the Prime Minister has said this afternoon, that by the end of this year compensation payments will start to be made to all those infected and affected.

[The Prime Minister]

I thank the right hon. Lady for her statement, and for her care and unwavering dedication to delivering justice. She knows better than anyone in the House the devastation that this scandal has inflicted on the community, and the strength they have shown in their fight for the truth. Sir Brian’s report sets out a decades-long failure and makes it clear that this is a moment of national shame. No one could fail to be moved by the stories within it, by the utterly shameful treatment of victims and their loved ones, by the callousness and cruelty that they suffered, and by their outstanding bravery, resilience and refusal to yield to a lifetime of prejudice and trauma. They have fought for the truth to be out, and they were right. Above all, today is a day for their voices to be heard.

Oral Answers to Questions

Diana Johnson Excerpts

Thursday 25th April 2024 Commons Chamber

[John Glen]

The hon. Lady is right: in July, in response to those three reports from the Committee on Standards in Public Life, the Boardman review and the Public Administration and Constitutional Affairs Committee, the Government did say they would work up strengthening the rules on business appointments and developing that ministerial deed. I cannot give an update at this point, because it is work the Deputy Prime Minister and his team are leading on, but it is important work and we do need to get it right.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

T4. I thank the Paymaster General for all his hard work on the contaminated blood scandal. However, as you would expect, Madam Deputy Speaker, I still urge him to go further and faster to get this situation resolved. If the infected blood compensation authority is to be established upon Royal Assent, can the Minister outline the timescale and process for the appointment of the chair and the other directors, and how those with lived experience will be involved and included among those directors?

[John Glen]

I thank the right hon. Lady for her kind words and her constructive approach. It is absolutely right that she continues to press me, as she does at every opportunity. Reflecting on our conversations and what she has said to me, the key thing is to ensure that we maintain and reclaim the trust of the infected blood community in all its dimensions. She will know that I am engaging with them in depth over several meetings on 1 and 10 May. Sir Brian Langstaff made clear that the infected blood community and all those accessing the scheme should have a role to play in its delivery, so, consequential to listening to what they say to me, I will be thinking about how we build that in. As she knows, the Government have made provisions for committees and sub-committees to ensure representation of the communities, while also maintaining an independent, arm’s length body. I will need to reconcile those. I am sorry that I cannot give her a timetable, but I am working on it in some detail.

Infected Blood Inquiry

Diana Johnson Excerpts

Tuesday 23rd April 2024 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office to make a statement on the evidence uncovered of experiments on children and the contaminated blood scandal, and update the House on the action that the Government are taking on the second interim report from Sir Brian Langstaff.

[The Minister for the Cabinet Office and Paymaster General (John Glen)]

Let me start by stating that the stories reported in the recent BBC news article, and indeed The Sunday Times report by Caroline Wheeler, demonstrate the unimaginable suffering of all those impacted by this dreadful scandal. As the House will know, in 2017 the Government established an independent public statutory inquiry chaired by Sir Brian Langstaff, to give those impacted and their families the answers that they deserve.

Since it was established, the inquiry has taken evidence from a range of sources, and the testimonies are indicative of the bravery of every individual who has come forward. The infected blood inquiry’s final report is due to be published within a month, on 20 May, and we expect the inquiry’s findings to cover a set of extremely challenging issues. It would not be right for the Government to pre-empt the findings of this long-prepared and carefully considered report, but the Government have committed to update Parliament through an oral statement on next steps within 25 sitting days following 20 May. It is our intention to make that statement as soon as possible. The 25-day stipulation is a deadline, and certainly not a target.

In January this year, I appointed an expert group to provide technical advice to the Cabinet Office in responding to the infected blood inquiry’s recommendations on compensation. That work is well under way and will build on the recommendations of the infected blood inquiry to inform the Government’s substantive response to the inquiry’s recommendations on compensation. The Government understand the need to move quickly to provide compensation to victims of infected blood. Most recently, we tabled amendments just last Wednesday to the Victims and Prisoners Bill to impose a duty on the Government to establish an infected blood compensation scheme. It also establishes a new arm’s length body, named the infected blood compensation authority, to deliver the compensation scheme. It will operate on a UK-wide basis to ensure parity and consistency. That demonstrates our absolute commitment to deliver long overdue justice to victims of infected blood.

We understand that for many there is an urgent need for compensation. As the House will know, in October 2022, the Government paid more than £400 million in interim compensation to help to ease the short-term needs of those infected. The Government amendment also includes a statutory duty to make interim payments of £100,000 to the estates of the deceased infected people who were registering with existing or former support schemes, where previous interim payments have not already been made to infected individuals or their bereaved partners. That is an important step forward to get substantial compensation into the hands of families and victims of infected blood. Should that Government amendment be supported in the other place, it will return to this House for debate in the usual process of Commons consideration of Lords amendments.

[Dame Diana Johnson]

We know that more than 3,000 people have already died in the worst treatment disaster in the history of the NHS. Another 680 have died since the public inquiry started in 2018. With two people dying on average every week, 100 people have died since Sir Brian made his final recommendations on paying compensation in April 2023. He said that

“wrongs were done at individual, collective and systemic levels.”

He also said that in all conscience he could not wait until his final report was published to tell the Government to start paying compensation.

Last week, Hugh Pym of the BBC produced shocking evidence about children, even babies, being experimented on in the 1970s and 1980s without their parents’ consent. These disturbing revelations raise serious criminal and ethical issues for the NHS and the medical profession. There are possible breaches of the 1947 Nuremberg code. Alongside that, The Sunday Times, and Caroline Wheeler, in particular launched a campaign at the weekend for compensation to be paid now to those infected and affected by the contaminated blood scandal. So far, more than 160 MPs have backed the campaign, and 10 parties are represented, including six leaders.

Last week, the Government finally laid those amendments to the Victims and Prisoners Bill in the other place after this House forced the Government to act in December last year. This weekend, Ministers confirmed that even when Sir Brian produces his final report on 20 May, the Government may not respond until as late as 3 July 2024. Meanwhile, there has been no announcement on compensation funding or on any compensation scheme, despite the Government having accepted the moral case for compensation.

What action are the Government taking following last week’s BBC story on the experiments on children? When will Sir Brian’s recommendations on compensation be implemented in full? On what date will payments be made to those infected and affected? Why have the interim payments not been made, as Sir Brian recommended last April? How will those infected and affected be involved in the whole scheme? Why are Ministers rejecting the three-month timeframe for setting up a compensation body that this House agreed to in December last year, and Sir Brian’s recommendation that it should be judge-led?

On all sides of the House, Members know that when people are dying, justice delayed is justice denied. The time to act is now.

[John Glen]

I thank the right hon. Lady for her questions and initial comments. Nobody in this House has done more than her to advance the interests of the infected and affected communities, as I have said consistently since I took office on 13 November. I recognise her frustrations and am doing everything I can to address them. Last week, I met her and other Chairs, across parties, as I did just before the Easter recess, and I will continue to update her as regularly as I can.

The right hon. Lady draws attention to commentary from Hugh Pym and other journalists about speculation and allegations, which I believe Sir Brian Langstaff’s report, when it is published on 20 May, should give substantive airing to, drawing on the evidence collected. It would be reasonable for the Government to wait for that authoritative statement on what information and evidence they have gathered before we respond, but that does not mean that, since I took office, I have been doing anything other than move forward everything I can on compensation as quickly as possible.

The right hon. Lady is quite right to say that over 3,000 deaths have occurred since 1970, including 141 last year. I recognise that the challenge of urgently securing interim payments, in terms of the mechanics of how it is done, is not a concern of the infected and affected community. She quite reasonably stands up and urges speed on that, and I am doing what I can. The statutory duty to make an interim payment of £100,000 to the estates of the deceased infected people is the first time that we have put in legislation a duty to pay compensation before the ad hoc schemes, which, over the past 45 or 50 years, have never admitted culpability. I have also put into legislation, with the consent of both Houses, the need to set up the arm’s length body and make it as operational as soon as possible.

As I discussed with the right hon. Lady last week, my concern is to get that arm’s length body up and running as quickly as possible, and there is a legal obligation to do so when Royal Assent is gained—there is no statutory deadline but there is a responsibility to do that. I recognise the concern around a judge-led body. Indeed, Sir Brian Langstaff’s report suggests that a judge-led body would be desirable—I do not rule that out—but at this stage it seems reasonable not to confine it in legislation in case another candidate becomes available. Clearly, however, gaining the confidence of the affected and infected communities is absolutely integral to this process working. As I say, I am doing everything I can to bring forward the Government’s substantive response on the widest issues of compensation as near as I can to the 20 May, and I will update the House as often as I can. Indeed, I have made time available tomorrow for an open surgery for any MP who wants to bring cases to me.

Oral Answers to Questions

Diana Johnson Excerpts

Thursday 29th February 2024 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

3. What progress he has made on considering the recommendations of the second interim report of the infected blood inquiry.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

4. What progress he has made on responding to the final recommendations on compensation by the infected blood inquiry.

[Grahame Morris (Easington) (Lab)]

6. What progress he has made on considering the recommendations of the second interim report of the infected blood inquiry.

--- Later in debate ---

[John Glen]

I am aware of the comments about a TV drama, but I am concerned to ensure that we build on the decision of this place on 4 December with respect to the Victims and Prisoners Bill. That Bill is working its way through the other place. Committee will finish on 12 March, so Report stage cannot happen before 15 April. Listening to the testimony of the hon. Lady and of those in the other place, whose nephews and husbands died as a result of contaminated blood, has made me more determined to ensure that the Government’s response is as comprehensive as possible and that it meets the expectations of everyone in this place and of the country at large.

[Dame Diana Johnson]

I think the Minister is a good man and is trying to do his best, but this is the biggest treatment scandal in the history of the NHS. We have had six years of a public inquiry. The Government have now had the recommendations on compensation for 12 months. I understand that the Minister has not yet met anyone infected or affected, or taken any soundings from any of the campaign groups. Now, we hear in a written question this week that his expert group were not allowed to know the names of those people or to have the minutes of those meetings or of any of the workings that are taking place. Does he understand that, after decades of cover-up and criminal activity, the lack of transparency with which the infected and affected are being treated is totally unacceptable?

[John Glen]

I explained to the right hon. Lady when I met her on 6 February, and again when I spoke to her on 8 February, the context of Professor Sir Jonathan Montgomery’s appointment. As she knows, Sir Brian recommends that eligibility for compensation includes those with hepatitis C, HIV and all chronic cases of hepatitis B.

On the right hon. Lady’s question about engagement with the groups, I am very keen to engage when the Report stage happens in the middle of April. I will then work on plans to engage with as many groups as possible across the United Kingdom, building on my conversations with representatives of the devolved Administrations on 6 February.

--- Later in debate ---

[Alex Burghart]

I am pleased to say that one of our major Government functions, the Government Property Agency, is constantly looking at how we can refresh the Government estate to make sure not just that our offices are fit for purpose and are wonderful working spaces for our excellent civil servants, but that we are not hanging on to outdated buildings that are expensive to run. We are very mindful of achieving value for money in this area.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Interim payments are, by their very nature, interim; they are paid before final payments. Perhaps the Minister might be able to help me to understand. He just said that works are going on at pace, so when will the interim payments, recommended by Sir Brian Langstaff in April 2023, to parents who lost children and children who lost parents be paid before the final payments are made?

[John Glen]

As soon as possible, and when the Government’s position is clear.

Oral Answers to Questions

Diana Johnson Excerpts

Wednesday 28th February 2024 Commons Chamber

[The Prime Minister]

My hon. Friend raises an important point, and he is right to champion his constituents in this way. When Labour runs things, it does just run them badly. He can be assured that we have provided Rotherham Council with three quarters of a million pounds for safety improvements to local roads, and we are continuing to provide for his constituents with a further £1 billion allocated to his local area in the second round of the city region sustainable transport settlement. Because of the decision that we made on HS2, communities, towns and cities across the north and the midlands will receive billions of pounds for transport projects that will make a difference to him and his constituents far quicker than anything else that was planned.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Another 80 victims of the contaminated blood scandal have died since Sir Brian Langstaff made his final recommendations on compensation to the Government in April 2023, which was 321 days ago. Will the Prime Minister join the families who are lobbying Members of Parliament here today to explain why his Government have failed to implement any of those recommendations 11 months on?

[The Prime Minister]

I am acutely aware of the strength of feeling on this issue, and the suffering of all those impacted by this dreadful scandal. We have consistently acknowledged that justice should be delivered. I gave evidence to the infected blood public inquiry last year, and the Government have accepted the moral case for compensation, which is why on Monday, in the other place, we committed to bringing forward amendments to the Victims and Prisoners Bill at Report stage, with the intention of speeding up the implementation of our response to the inquiry.

Infected Blood Inquiry: Government Response

Diana Johnson Excerpts

Monday 18th December 2023 Commons Chamber

[John Glen]

I thank my hon. Friend for his question. I have been in discussions on the appointment of clinical, legal and social care experts since my first week in office in November. We have identified individuals, and communicated with them last week. We want to get them on board with this work in the early days of the new year, so that that work can happen as quickly as possible. I wanted to avoid a situation where people were going out to compete for roles. What we want is the best people across those specialisms so that this work can make urgent progress, aligned with our intention to respond substantively later in the year.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

In April 2023, Sir Brian Langstaff said:

“I recommend that a compensation scheme should be set up now and it should begin work this year.”

What exactly does the Minister not understand in that statement? This statement today will cause huge anguish to victims of the 50-year-old scandal and, in noting that the Prime Minister whipped Conservative Members to vote down the new clause on 4 December, fuel their suspicion that the Government are still playing for time, even though they accept the moral case. This therefore is adding one final insult to injury. Will the Minister tell us why the Prime Minister can find what the Deputy Prime Minister said yesterday is unlimited funding for the Rwanda policy, but is still pushing back, after a five-year public inquiry, against compensation—and even interim compensation for the groups that have never received anything—for people who have suffered so much for so long after what the state did to them?

[John Glen]

I recognise the right hon. Lady’s frustration and disappointment with where we have got to. The work that she has done, and the work that was expressed in the amendment, is urgently being examined by me and my officials.

[Dame Diana Johnson]

It was Sir Brian’s recommendation.

[John Glen]

I recognise Sir Brian’s recommendations, and I have done what I can to move us to a place where we meet the expectations as quickly as possible in the new year. I said to the right hon. Lady when I met her and my hon. Friend the Member for Worthing West (Sir Peter Bottomley) that my officials were engaged in looking at the options for the delivery vehicle. I must now examine how that operates with the legislative vehicle, which has been amended by the House. I will do everything that I can to update the House as quickly as I can.

Oral Answers to Questions

Diana Johnson Excerpts

Thursday 23rd November 2023 Commons Chamber

[Alex Burghart]

My right hon. Friend makes an excellent point. We are still coming to terms with the potential of artificial intelligence to speed up Government processes, improve productivity and deliver value for money for the taxpayer. While we have procurement frameworks at present that help Departments across Government identify good AI systems they might wish to secure, we are also interested in developing our own AI within Government. My right hon. Friend the Deputy Prime Minister announced earlier this week that we would hire more people with the highest levels of innovative skill to come into Government to build those systems for us and deliver value for money.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

3. What progress he has made on implementing the final recommendations on compensation in the second interim report of the infected blood inquiry, published on 5 April 2023.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

9. What progress his Department has made on implementing the interim recommendations of the infected blood inquiry.

[The Minister for the Cabinet Office and Paymaster General (John Glen)]

I strongly commend the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for her work for those who have been impacted by the infected blood scandal, and I look forward to working across the House on this important issue. The Government have accepted the moral case for compensation but it is only reasonable that the response is fully informed by Sir Brian Langstaff’s final report, which is anticipated in March next year.

[Dame Diana Johnson]

Eight months ago, recommendation 12 of the final report on compensation called for interim payments of £100,000 to be

“paid to recognise the deaths of people to date unrecognised and alleviate immediate suffering.”

The “Cambridge Dictionary” describes the word “interim” as something

“temporary and intended to be used or accepted until something permanent exists”.

I know the Minister is a good man and will want to do his best, so can he tell the House when those interim payments will start to be paid?

[Mr Speaker]

May I welcome the Minister to his new Front-Bench role?

--- Later in debate ---

[John Glen]

No, I cannot guarantee that, because I do not yet have collective agreement, but I am working towards that ambition and that is what I want to achieve.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Why have Scotland and Wales been able to set up psychological support services for the victims of the contaminated blood scandal, but England has not?

[John Glen]

It is because I have not yet secured collective agreement to do so. The funds are available, and it is absolutely right that we bring that forward as soon as possible. Again, that is one of the activities that I will be engaged in resolving later this morning.

Pakistan: Evacuation of Afghans

Diana Johnson Excerpts

Wednesday 8th November 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Although I welcome the decision, may I say to the Minister that it would have been much better to tell the House about it in a statement rather than an urgent question? We all know the huge pressures on accommodation in the United Kingdom and on local councils, so can the Minister say what engagement has taken place with local councils? What does “transitional accommodation” mean and how does it fit with the Home Office policy of not using hotels?

[Johnny Mercer]

The policy of not using hotels is absolutely right and remains. In the summer, there was a huge effort to try to remove that barrier to settling into the United Kingdom and the policy remains. However, in extremis, that will not be a barrier to people coming to the UK where they are at risk of deportation. We are going to keep those people safe. As we speak, we are working up our policy on how to ensure that we integrate this cohort, much as we did in the summer. Discussions with different Departments are ongoing. When we have agreed the policy, I will come to the House to share it with everybody. I hope it will be along similar lines to previous policy, but it requires collective agreement. We will work hard and go around the houses to ensure that the Afghan families who are in Pakistan but entitled to be here are given every opportunity to settle in the UK. We have a good record on this and I am determined to keep that going.

Israel and Gaza

Diana Johnson Excerpts

Monday 23rd October 2023 Commons Chamber

[The Prime Minister]

I can tell my hon. Friend that is exactly what we are trying to do. We are also working with the Egyptian Red Crescent, which is engaged on the ground. Our priority is to provide food, water, medicines and fuel to those who need them. We will continue our extensive dialogue with partners to increase both the speed and the duration of aid, and to help to get aid to the people who need it.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I think we can all agree that there is no place on our streets for hateful extremism, so what does the Prime Minister have to say to the Metropolitan Police Commissioner, who said that, at the moment, law enforcement do not have the powers they need to combat hateful extremism?

[The Prime Minister]

The Home Secretary met the police chiefs this morning and, of course, we continue in dialogue with them. Where there are gaps in the law, we are happy to address and look at them, but we believe that at the moment the police do have the powers to arrest those who incite violence or racial hatred. There is no place on our streets for that type of behaviour, and we will work extensively to clarify the guidance to officers on the ground so they are fully aware of the powers and tools available to them to make sure these people feel the force of the law.